SUSSEX COUNTY COUNCIL-GEORGETOWN, DELAWARE-FEBRUARY 26, 1974

Call to The regular meeting of the Sussex County Council was held Order on Tuesday, February 26, 1974 at 10:00 A. M. with the fol­ lowing members present:

Oliver E. Hill President Ralph E. Benson Vice President John T. Cannon, Sr. Member William B. Chandler, Jr. Member Richard L. Timmons Member

The meeting was opened with the repeating of the Lord's Prayer and the Pledge of Allegiance to the flag.

M 084 74 A Motion was made by Mr. Cannon, seconded by Mr. Benson, to Minutes approve the minutes of the previous meeting as presented. Approved Motion Adopted by Voice Vote.

Corre­ The following correspondence was read by Mr. Betts, County spondence Solicitor:

Environmental Protection Agency and Delaware Department of Natural Resources and Environmental Control. Re: Joint Public Hearings to be held on an application for National Pollution Discharge Elimination System (NPDES) Permit to Discharge to State Waters; an application for a Permit pursuant to 7 Del. C. ~ 6003 to construct, operate and main­ tain a sewage treatment plant which will discharge into State waters; and an application for a Permit pursuant to Title 7 Del. C. ~ 6152 to dredge and constrµct an outfall in state waters. These Hearings were scheduled for March 25, 1974 in the Rehoboth Beach Convention Hall, Rehoboth Avenue, Reho­ both Beach, Delaware.

Joseph R. Biden, Jr., U. S. Senator; Pierre S. du Pont, U. S. Representative; and William V. Roth, Jr., U. S. Senator. Re: A newly amended Presidential Election Campaign Fund which became law July 1, 1973.

Interstate Commerce Commission. Re: Final Hearing schedule announced in rail restructuring.

Delaware Safety Council, Inc. Re: A one-day seminar on the Excavations and Trenching Stan­ dards as spelled out under the provisions of the Occupational Safety and Health Act (OSHA).

Commissioners of Bethany Beach. Re: Support of a Resolution by the County Council opposing all efforts to weaken the State's 1971 Coastal Zoning Act.

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Corre­ City of Seaford. spondence Re: Requesting the continuance of the Sussex County Com­ Cont. munity Action Committee's Program.

Patricia C. Beebe, President, Sigma Chapter, Beta Sigma Phi. Re: Their concern for the Lewes Head Start Center if the Sussex County Community Action Agency ceases its operation in June.

R 003 74 The following Resolution was read by Mr. Betts, County Solicitor:

WHEREAS, Sussex County Council herein called the "Appli­ cant", after thorough consideration of the various aspects of the problem and study of available data, has hereby de­ termined that the construction of certain works, required for the collection of sewage, generally described as Trench­ less Sewer Construction, Bethany Sanitary District, herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and

WHEREAS, under the Federal Water Pollution Control Act, as amended, the United States Environmental Protection Agency has authorized the making of grants to aid in financing the cost of construction of necessary collection facilities to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith; and

WHEREAS, the Applicant has examined and duly considered said Act, as amended, and the Applicant deems it to be in the public interest and to the public benefit to file an application under this Act, as amended, and to authorize other action in connection therewith;

NOW, THEREFORE,

BE IT RESOLVED by Sussex County Council, the governing body of said Applicant, as follows:

1. That the construction of said Project is essen­ tial to and is in the best interests of the Applicant, and to the end that said project may be constructed as promptly as practicable it is desirable that action preliminary to the construction thereof be undertaken immediately;

2. That William C. Henry, County Engineer, be hereby authorized to file in behalf of the Applicant an

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R 003 74 application (in the form required by the United States and Cont. in conformity with the Act, as amended) for a grant to be made by the United States to the Applicant to aid in defray­ ing the cost of construction of the sewerage treatment works described above;

3. That if such grant be made, the Applicant agrees to pay all the remaining cost of the approved Project, over and above the amount of Federal and State grants;

4. That if such grant be made, the Applicant agrees to make provision satisfactory to the Environmental Protec­ tion Agency for assuring proper and efficient operation and maintenance of the collection facilities after completion of the construction thereof;

5. That the said William C. Henry, County Engineer, is hereby authorized to accept any Federal Grant that may be offered; to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for the grant; and

6. That the said William C. Henry, County Engineer, is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for a grant as may be required; and otherwise to act as the authorized representative of the Applicant in connection with this application and in connection with any requirements of any Federal grant which may be made;

7. That certified copies of this Resolution be added to the grant offer and acceptance documents.

M 085 74 A Motion was made by Mr. Timmons, seconded by Mr. Chandler, R 003 74 that Resolution No. R 003 74 be adopted as read by Mr. Betts, County Solicitor. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

M 086 74 A Motion was made by Mr. Cannon, seconded by Mr. Benson, that Air Condi­ Bruce J. Farrelly be awarded the bid for the installation of tioner for an Air Conditioner for the Computer Room in the amount of Computer $1,095.00. Motion Adopted; 5 Yea. Room -3- February 26, 1974

M 086 74 Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Cont. Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

Salt The following letter was read by Mr. Henry, County Engineer: Pond February 21, 1974

Mr. William C. Henry, County Engineer Delaware County Commissioners Court House Georgetown, Delaware 19947 Re: Salt Pond Dear Mr. Henry:

After investigating the possibility of obtaining water for the above referenced project from the Sussex Shores Water Company, it appears that they are either unwilling or unable to furnish service to this area. Therefore, the developer has determined that he must establish a privately owned public utility to serve his development. We are writing this letter on his behalf to suggest certain provi­ sions which we believe could be included in an agreement between the developer and the County to enable the County to purchase this system at some future date. The basis for the agreement would be as follows:

1) The water system will consist of a well, a treatment plant, storage facilities, and a distribution system with fire protection.

2) The system will be capable of serving approxi­ mately 1,458 dwelling units, all located within the RPC zone in the development known as Salt Pond.

3) The water system will be built to the specifica­ tions for Water Systems for Sussex County.

4) The system will be designed to become part of the regional system for the County.

5) All construction plans and specifications will be submitted to the County for review before contracts for construction are let.

6) Easements will be provided over the private roads or through private property to accomodate the water system.

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Salt 7) The County will have the option for a period Pond of 10 years to either: Cont. (a) lease the water system or (b) purchase the water system

8) The purchase price will be the construction cost of the facilities to be incorporated into the County system, less depreciation computed at the rate allowed by the Public Service Commission. The construction cost is defined as the actual cost paid to the contractors for materials and labor plus the cost of design, stakeout and inspection of the facilities. The purchase price will not include any fran­ chise costs, goodwill or other intangibles.

9) All easements, rights of way and fee simple property necessary to maintain and operate the water system will be dedicated by the developer without charge and will be free and clear of all liens.

10) The privately owned public utility will use its best effort to establish a rate base which would be comparable to the rates to be charged by the County, insofar as the rules and regulations of the Public Service Commission will allow.

We believe that the above provisions constitute a basis for an agreement between the developer and the County, and will enable the County to obtain control of this utility at such time as it deems feasible and in the most equitable manner. Please review the above as soon as possible. We will be available to supply any additional information that you request.

Very truly yours,

WHITMAN, REQUARDT and ASSOCIATES

By: Thomas J. Shafer

No action was taken on the above letter.

American Mr. Ray R. Wise of the American Cancer Society appeared before Cancer the Council and explained the services of this Society and Society their need for funds.

M 087 74 A Motion was made by Mr. Cannon, seconded by Mr. Benson, that American the American Cancer Society be granted funds in the amount of Cancer $6,000.00. Motion Adopted; 5 Yea. Society -5- February 26, 1974

M 087 74 Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Cont. Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

Human Mr. Stan Bratton of the Community Action Agency appeared Resources before the Council to explain the proposed Ordinance that the Community Action Agency be designated as the Sussex County Human Resources Agency, which has been submitted to the Council for consideration by the Community Action Agency.

Harbeson Mr. Robert Lawson of The Harbeson Improvement Association Street appeared before the Council and submitted the following Lighting letter with forty-three signatures:

Harbeson, Delaware 19951 February 19, 1974

Sussex County Council The Courthouse The Circle Georgetown, Delaware 19947

Re: Request for Street Lights Harbeson , Delaware Gentlemen:

We, The Harbeson Improvement Association hereby re­ spectfully submit a request that Harbeson, Delaware become a street light district in the Sussex County area.

And, we further request that the County Council affix the proper means of revenue to the community or individuals for the proper street lighting in Harbeson, Delaware in such area.

As to date, there is no rule or law for street lights in Harbeson, Delaware, or in the County, and we request that the County Council propose such a rule or law as to provide the area of Harbeson, Delaware with street lights.

Thank you for your cooperation in the matter.

Respectfully submitted:

The Harbeson Improvement Association

No action was taken on the above letter.

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Civil Mr. Sherwin, Civil Defense Director, reported on the activi­ Defense ties of his office.

Delmarva Mr. Sidwell, Finance Director, reported that he will meet Power & with the officials of the Delmarva Power and Light Company Light on February 27, 1974 regarding their assessment and the Yoh Assessment and Company will, also, be present to answer any questions.

M 088 74 A Motion was made by Mr. Chandler, seconded by Mr. Timmons, General that Mr. Sidwell, Finance Director, be authorized to borrow Fund $200,000.00 for the General Fund until April 1, 1974 at the best possible rate. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

Blue Cross Mr. Sidwell, Finance Director, submitted to the Council copies Blue Shield of a letter from Blue Cross Blue Shield of Delaware regarding an increase in insurance rates.

Tax Bills Mr. Sidwell, Finance Director, reported that he will advertise & Tax for bids on tax bills and tax envelopes for the coming year, Envelopes both on the type the County has been using in the past and a new type that could be used with the Computer.

Airpark Mr. Conaway, County Administrator, reported we have been contacted by another firm that is interested in locating at the Industrial Airpark.

Leasing Mr. Conaway, County Administrator, reported that he has con­ of Land tacted the Governor of the State and all Senators and Repre­ sentatives of Sussex County regarding the County leasing land.

M 089 74 A Motion was made by Mr. Cannon, seconded by Mr. Benson, that Troubled the County accept the Troubled Employee Program as presented. Employee Motion Adopted; 5 Yea. Program Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

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Bicentennial Mr. Conaway, County Administrator, reported that Dr. Nelson Committee P. Myer of Lewes has been suggested as a possible member of the Bicentennial Committee.

Revenue Mr. Conaway, County Administrator, submitted to the Council Sharing copies of a letter received from Senator Harrison Williams Funds regarding the Council's stand on S 1541, a bill exempting Revenue Sharing funds from the normal appropriation proce­ dures.

Coastal Mr. Conaway, County Administrator, submitted to the Council Zone copies of letters received from Representative Ambrosino and Act Representative Poulterer expressing support of the Council's stand on the Coastal Zone Act.

Gasoline Mr. Conaway, County Administrator, was directed to phase out Information the Gasoline Information Hotline as of this date as the Hotline number of calls corning in is now decreasing.

Gas for Mr. Conaway, County Administrator, was instructed to make Emergency available gas for emergency services through the County Services Administrator's office, but not to exceed a total of 375 gallons.

M 090 74 A Motion was made by Mr. Chandler, seconded by Mr. Cannon, Industrial that Mr. Conaway, County Administrator, be authorized to Airpark have a sign erected to signify the location of the Industrial Airpark at a price not to exceed $500.00. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

M 091 74 At 12:04 P. M. a Motion was made by Mr. Cannon, seconded by Recess Mr. Benson, to recess until 1:15 P. M. Motion Adopted by Voice Vote.

At 1:15 P. M. the Council reconvened.

PUBLIC HEARINGS:

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M 092 74 A Motion was made by Mr. Benson, seconded by Mr. Timmons, to C/U #187 concur with the recommendation of the Planning and Zoning Commission and defer action on C/U #187 - An application from Delmarva Land Company on lands of George & Lynch, Inc. to consider the Conditional Use of land in an ARl Agricultural Residential District in Gumboro Hundred for a Borrow Pit to be located on the north side of Route 427, one mile west of Route 26, and the proposed pit is to contain 13.2 acres more or less within a 30.887 acre tract more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

M 093 74 A Motion was made by Mr. Chandler, seconded by Mr. Timmons, C/U #188 to concur with the recommendation of the Planning and Zoning Commission and approve with the stipulation that a seven foot (7') chain link fence must be installed as required by the Site Plan Review, C/U #188 - An application from J. Parker Connor and SusanC., to consider the Conditional Use of land in an ARl Agricultural Residential District in Baltimore Hundred for a Radio Tower and Transmitting Building to be located on the west side of Route 371, 500 feet north of Route 17, and containing 8.4368 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

M 094 74 A Motion was made by Mr. Chandler, seconded by Mr. Benson, C/U #189 to concur with the recommendation of the Planning and Zoning Commission and approve with the stipulation that a seven foot (7') chain link fence must be installed as required by the Site Plan Review, C/U #189 - An application from Rahm Communications Corp. on lands of Randy Murray, to consider the Conditional Use of land in an ARl Agricultural Residen­ tial District in Dagsboro Hundred for a 2-Way Communications Radio Tower to be located on the east side of Route 412, 0.2 miles north of Route 412A, and containing 5~ acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

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C/U #190 Action was deferred on C/U #190 - An application from Bras­ ford Service Corp., to consider the Conditional Use of land in an ARl Agricultural Residential District in Baltimore Hundred for a Borrow Pit to be located on the north side of Route 92, one-half mile west of Route 382, and the proposed pit is to contain 24 acres more or less within a 175 acre tract more or less.

M 095 74 A Motion was made by Mr. Timmons, seconded by Mr. Chandler, C/Z # 211 to concur with the recommendation of the Planning and Zoning Commission and approve C/Z #211 - An application from William G. Adkins and Junis, ·to amend the zoning map by changing from ARl Agricultural Residential to B-1 Neighborhood Busi­ ness in Baltimore Hundred, located on the south side of Route 54, Keenwik, containing 2.8 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

M 096 74 A Motion was made by Mr. Chandler, seconded by Mr. Timmons, C/Z #212 to concur with the recommendation of the Planning and Zoning Commission and approve C/Z #212 - An application from Louis C. Johnson and OraL., to amend the zoning map by changing from MR Medium Density Residential to B-1 Neighborhood Busi­ ness in Baltimore Hundred, to be located on the east side of Route 357, north of Route 359, containing 5.03 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

M 097 74 A Motion was made by Mr. Benson, seconded by Mr. Chandler, C/Z #213 to concur with the recommendation of the Planning and Zoning Commission and approve C/Z #213 - An application from Habitat Lands, a limited partnership, to amend the zoning map by changing from MR Medium Density Residential to R. P. C. Re­ sidential Planned Community in Indian River Hundred, located on the north and south side of Route 279B and east of Route 279, and containing 297.112 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons, Yea; Mr. Hill, Yea

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M 098 74 A Motion was made by Mr. Chandler, seconded by Mr. Timmons, C/Z #214 to concur with the recommendation of the Planning and Zoning Commission and approve C/Z #214 - An application from Bethany Beach Improvement Company, Milton S. Jones, and Others, to amend the zoning map by changing from MR Medium Density Re­ sidential to B-1 Neighborhood Business in Baltimore Hundred, located on the west side of Route 14, Lots 1, 2, and 3, in Blocks H, I, J, K, and L of Middlesex Beach. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons; Yea; Mr. Hill, Yea

M 099 74 A Motion was made by Mr. Chandler, seconded by Mr. Timmons, C/Z #215 to concur with the recommendation of the Planning and Zoning Commission and approve C/Z #215 - An application from Anderson­ Stokes, Delmarva Power and Light, and Bethany Beach Improve­ ment Company, to amend the zoning map by changing from MR Medium Density Residential to B-1 Neighborhood Business in Baltimore Hundred located on the north side of Fifth Street, east side of Route 14, and the west side of Pennsylvania Avenue. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons; Yea; Mr. Hill, Yea

C/U #182 The following letter was submitted to the Council:

February 25, 1974

Mr. Roland Derrickson, Director Off ice of Planning and Zoning Sussex County Courthouse Georgetown, Delaware

Re: Rehoboth Bay Mobile Home Park, Inc. Application for Condi­ tional Use #182. Our File No. 2341 Dear Mr. Derrickson:

In connection with the Conditional Use Application of our Client, Rehoboth Bay Mobile Home Park, Inc., it is the intention of the applicant, as stated in its Application for a Conditional Use, to locate the Airstream trailers, which are presently located near the mobile home sites, to

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C/U #182 a new area, which is nearer to White Oak Creek, as shown on a plot marked Exhibit A, attached hereto, and which has previously been furnished to the Planning and Zoning Com­ mission and to County Council.

The old area which has previously been used by Port Delmarva, Inc., for its Airstream trailers is outlined in red and is designated as "Recreation Area" on Exhibit A. The land area which is presently leased to Port Delmarva, Inc., and which is proposed as the new site for the Airstream trailers of Port Delmarva, is designated as "New Area" on Exhibit A.

We stated in the public hearing before County Council that the applicant had no intention to continue using the old area as a site for the Airstream trailers of Port Del­ marva. We stated that the old area will be set aside as a recreational area or would remain as open spaces. That area which will be set aside for recreational purposes or open spaces has been designated as such on Exhibit A, and, accord­ ingly, will be used in such manner if the Conditional Use is granted as requested.

I believe that the description and the designations on Exhibit A sufficiently describe the area to be set aside for recreational purposes or for open spaces. If additional clarification or description is needed, please let me know.

Very truly yours,

Robert L. Halbrook

M 100 74 A Motion was made by Mr. Cannon, seconded by Mr. Benson, to C/U #182 approve with conditions as contained in letter from Robert L. Halbrook dated February 25, 1974, C/U #182 - An applica­ tion from Rehoboth Bay Mobile Park, to consider the Conditional Use of land in an ARl Agricultural Residential District in Lewes/Rehoboth Hundred for a camping area to be located on the east side of Route 274, 2.80 miles south of Route 14, and containing 10.1948 acres more or less. Motion Adopted; 5 Yea.

Vote by Roll Call: Mr. Benson, Yea; Mr. Cannon, Yea; Mr. Chandler, Yea; Mr. Timmons; Yea; Mr. Hill, Yea

Area Waste Mr. Henry, County Engineer, was instructed to contact the Treatment incorporated municipalities within the area identified as Management the Areawide Waste Treatment Management Planning Area and inform them there will be a Public Meeting held on March 5, 1974 regarding Areawide Waste Treatment Management.

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M 101 74 At 2:50 P. M. a Motion was made by Mr. Chandler, seconded Adjournment by Mr. Benson, to adjourn. Motion Adopted by Voice Vote.

Respectfully submitted, &~?.Z~ Emogene P. Ellis Clerk of the County Council

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